After the legalization of marijuana in Canada, amendments were made to the Criminal Code to reflect the changing nature of impaired driving offences. While the amendments included both minor and significant changes to impaired driving laws, one area of significant change was the sentencing regime and impaired driving penalties.

The Criminal Code prohibits driving a motor vehicle while impaired by alcohol, drug, or a combination of the two. The amendments to the Criminal Code has also made it an offence to have a certain level of alcohol, cannabis or other scheduled drugs in the blood within two hours of driving. The minimum penalties for these offences vary depending on the circumstances of the offence, the offender’s level of impairment, and their prior record.

Impaired Driving Penalties

Charge:

Alcohol-impaired driving

Having a Blood Alcohol Concentration (BAC) at or over 80 mg per 100 ml of blood within 2 hours of driving

In the case of all the above noted charges, the offender will also be prohibited from driving:

for a first offence, not less than one year and not more than three years, plus the entire period to which the offender is sentenced to imprisonment;

for a second offence, not less than two years and not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and,

for each subsequent offence, not less than three years, plus the entire period to which the offender is sentenced to imprisonment.

Charge:

Having over 2 ng but less than 5 ng of THC per ml of blood within 2 hours of driving

Penalty:

Maximum $1000 fine

The offender may be prohibited from driving up to a period of one year

Charge:

Impaired driving causing bodily harm

Penalty:

1st offence: Mandatory minimum fine $1000

2nd offence: Mandatory minimum 30 days imprisonment

3rd offence: Mandatory minimum 120 days imprisonment

Summary conviction: maximum 2 years imprisonment less a day

Indictment: maximum 14 years imprisonment

The offender may be prohibited from driving up to a period of three years.

Charge:

Impaired driving causing death

Penalty:

1st offence: Mandatory minimum fine $1000

2nd offence: Mandatory minimum 30 days imprisonment

3rd offence: Mandatory minimum 120 days imprisonment

Maximum life imprisonment

The offender may be prohibited from driving up to a period of three years

When the court sentences an offender for an impaired driving offence, they will consider both aggravating and mitigating factors. Aggravating factors will increases the fine, or period of imprisonment. The Criminal Code requires the court imposing a sentence to consider the following aggravating factors:

if the commission of the offence resulted in bodily harm to, or the death of, more than one person;

if the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;

if a person under the age of 16 years was a passenger in the motor vehicle operated by the offender;

if the offender was being remunerated for operating the motor vehicle;

if the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 ml of blood;

if the offender was operating a large motor vehicle; and,

if the offender was not permitted, under a federal or provincial Act, to operate the motor vehicle.

Avoiding Minimum Penalties and Driving Prohibition

With the consent of the Crown Attorney, the court may permit the offender to complete a substance abuse treatment program after being found guilty, but before sentencing. During this time the offender will be prohibited from driving. After successful completion of the substance abuse treatment program, the offender will be sentenced. During this sentence, the court is not required to impose the minimum penalties or driving prohibition.

Impaired Driving Penalties Under the Highway Traffic Act

Failing a drug screening test, physical coordination test or a drug recognition evaluation, will result in an immediate Tiered Administrative Licence Suspension. This suspensions ranges from 72 hours to 60 days, depending on how many previous suspensions you have received within a 10-year period. In addition, your Driver Safety Rating is reduced by five levels.

You will receive a three-month Administrative Licence Suspension if:

your blood drug concentration is over 5 ng of THC

your combined blood alcohol concentration is over .05 and your blood drug concentration is more than 2.5 ng of THC

you refuse to provide a saliva, breath or blood sample to police

you refuse to perform a physical coordination test or drug recognition evaluation, or refuse to follow a police officer’s instructions regarding either test

you have any concentration of illegal drugs in your system

In addition, your Driver Safety Rating is reduced by five levels and you must pay a driver’s licence reinstatement charge and complete an impaired driver’s assessment. The vehicle involved in the incident will be impounded for 30 or 60 days depending on the offence committed and concentration of alcohol in the blood. The owner is reasonable for paying the impound fees before the vehicle is released. Impound rates are set by regulation. About $60 for the tow, and $15 for storage per day after the first day. Thus, a 30 day impound would cost approximately $495, while a 60 day impound would cost approximately $945.

If you are convicted of an impaired driving offence under the Criminal Code, your Driver Safety Rating will be reduced between five to 15 levels. For a first offender, their licence will also be suspended for a period of one year, or in the event the conviction is for refusing or failing to provide a breath, saliva, or blood sample, for a period of two years. For subsequent convictions, the period of suspension incrementally increases to a maximum life-time suspension. In some cases, your vehicle may be forfeited to the province.

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be given by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion.

Joshua Rogala is an associate at Rees & Dyck Criminal Defence. He has extensive experience at every level of court. His focus is on building successful legal strategies with clients to ensure their rights are defended.

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Joshua Rogala is a committed, motivated, and honest criminal defence lawyer in Winnipeg, Manitoba, Canada. He has a strong drive to be the best representative for his clients and wants to ensure that his clients are in safe and caring hands. Josh wants to listen to your story and with a passion in law, he wants to educate you about the possible outcomes. He will do everything he can to make sure you are represented properly.